Legal Opinion
Seiden v. United States
Court of Appeals for the Second Circuit
Decided December 20, 1926No. 248PublishedCited by 25 opinions
1Opinion of the CourtHand, Circuit Judge
(after stating the facts as above). We have held that, when a jury convicts upon one count and acquits upon another the conviction will stand, though there is no rational 'way to reconcile the two conflicting conclusions. Marshallo v. U. S. (C. C. A.) 298 F. 74; Steckler v. U. S. (C. C. A.) 7 F.(2d) 59. If they will, jurors may set at defiance law and reason and refuse to find the accused guilty; when they do, he escapes, however plain his guilt. But, though that is within their power, it is not within their right; they are as much bound by the law as a court. No judge is bound to recognize,…
2Cases cited6 opinions
- Horning v. District of ColumbiaSupreme Court of the United States · 1920
- Steckler v. United StatesCourt of Appeals for the Second Circuit · 1925
- Marshallo v. United StatesCourt of Appeals for the Second Circuit · 1924
- United States v. StephensUnited States Circuit Court · 1882
- United States v. StrongU.S. Circuit Court for the District of District of Columbia · 1821
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- United States v. Austin-Bagley CorporationCourt of Appeals for the Second Circuit · 1929
- DeSacia v. StateAlaska Supreme Court · 1970
- United States v. MessinaCourt of Appeals for the Second Circuit · 1929
- United States v. SmithDistrict of Columbia Court of Appeals · 1975
- Sasser v. United StatesCourt of Appeals for the Fifth Circuit · 1928
20 more not listed; retrieve them via the Exa API.